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Article • March 15, 2025 • from CLN April, 2025
Virtual Injustice: How Remote Hearings Harm Incarcerated Defendants by Jo Ellen Nott by Jo Ellen Nott Vermont’s increased reliance on remote court hearings, which began during the COVID-19 pandemic to ensure safety, has created significant challenges for incarcerated individuals, their attorneys, and the broader justice system. While remote proceedings have …
Article • March 15, 2025 • from CLN April, 2025
EFF Launches Rayhunter: A New Tool to Detect Covert Cellular Surveillance by David Kim by David Kim The Electronic Frontier Foundation (“EFF”) has announced Rayhunter, an open-source tool designed to detect cell-site simulators (“CSS”), devices often used by law enforcement and others to covertly track mobile phones. Running on an …
Article • March 15, 2025 • from CLN April, 2025
Nebraska Supreme Court Announces ‘Working Days’ for Purposes of ‘Temporary Domicile’ SORA Reporting Requirement Means Weekdays, Excluding Legal Holidays, and Reverses Conviction for Failure to Register by Sagi Schwartzberg by Sagi Schwartzberg The Supreme Court of Nebraska interpreted the definition of “working days” in Neb. Rev. Stat. § 29-4001.01(6) of the …
Article • March 15, 2025 • from CLN April, 2025
Filed under: Method of Execution
Convicted Double Murderer Executed by Firing Squad in South Carolina by David Kim by David Kim Brad Sigmon, a 67-year-old convicted double murderer, became the first prisoner in the United States to be executed by firing squad in 15 years on Friday, March 7, 2025. Sigmon, who was sentenced to …
Filming ICE Agents at Work: Know Your Rights by Jo Ellen Nott by Jo Ellen Nott Across the United States, Immigration and Customs Enforcement (“ICE”) activity is intensifying, including highly visible raids. Amid this escalation, it is important to remember that the public has a First Amendment right to film …
Article • March 15, 2025 • from CLN April, 2025
California Police Misused State Databases Over 7,000 Times in 2023 by James Mills by James Mills C alifornia law enforcement agencies violated rules governing access to criminal justice databases 7,275 times in 2023, according to records obtained by the Electronic Frontier Foundation (“EFF”). These violations highlight systemic issues in the …
Article • March 15, 2025 • from CLN April, 2025
Filed under: DNA Testing/Samples
Can Comics Help Juries Understand Complex DNA Evidence? by Michael Thompson by Michael Dean Thompson Few people possess the scientific and mathematical background needed to fully grasp the complexities of DNA evidence after just ten minutes of expert testimony. Yet jurors are routinely tasked with making life-altering decisions for defendants …
Article • March 15, 2025 • from CLN April, 2025
Shakedown in New Mexico: Decades-Long Police Corruption Scandal Rocks Albuquerque’s DWI Unit by Jo Ellen Nott by Jo Ellen Nott Albuquerque is grappling with a sprawling police corruption scandal that spans decades, involving bribery, extortion, and racketeering within the city’s DWI enforcement unit. The scandal, which came to light after …
Article • March 15, 2025 • from CLN April, 2025
Massachusetts Supreme Judicial Court Announces State Wiretap Statute Requires Suppression of Both Audio and Video Components of Audiovisual Footage of Unlawfully Intercepted Oral Communication Showing Defendant as Party to Communication by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts held that when police secretly make a warrantless …
Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ineffective Assistance of Counsel, New Trial Required W by Anthony Accurso by Anthony W. Accurso The Supreme Judicial Court of Massachusetts …
Article • February 15, 2025 • from CLN March, 2025
Study Reveals Best DNA Recovery Spots on Drug Baggies by James Mills by James Mills In a world of theoretical experiments, it’s rare to find one that’s directly applicable for law enforcement in the real world. This may just be one of those rarities. A recent study from Flinders University …
Article • February 15, 2025 • from CLN March, 2025
Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural by David Reutter by David M. Reutter The Court of Criminal …
California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements by Douglas Ankney by Douglas Ankney In consolidated appeals, the Court of Appeal of California, Fourth Appellate District, held that the evidence …
California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions by Sam Rutherford by Sam Rutherford The California Court of Appeal, Sixth District, held that defendants are …
California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051 by Sam Rutherford by Sam Rutherford The Court of Appeal of California, District 1, held that Cal. Penal Code …
Article • February 15, 2025 • from CLN March, 2025
Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction by Sam Rutherford by Sam Rutherford The Supreme Judicial Court of Massachusetts vacated a threat-based conviction because the jury instructions provided setting forth the elements …
D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the D.C. Circuit held that a defendant being compelled to provide a thumbprint constitutes a testimonial act …
Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments by Sam Rutherford by Sam Rutherford The Supreme Court of Hawai’i reversed a murder conviction for prosecutorial misconduct where a deputy prosecutor described the defendant as a liar and inserted personal opinions concerning …
Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Third Circuit affirmed the U.S. District Court …
Reining in Police Monitoring of Social Media by Michael Thompson by Michael Dean Thompson Social media has revolutionized connectivity, allowing people to develop and maintain relationships well beyond what was possible just a generation earlier. The revolution has, however, enabled the joint planning, execution, and documentation of crimes. It is …
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